Getting Hired: Your Rights

When
an individual applies for a position with a company, he or she has rights which
the potential employer must acknowledge.
Because many companies go through a process before hiring employees
(such as background checks and interviews), it’s important that individuals
know their rights concerning these processes.
Below, you will find an overview of legal rights during the hiring
process.

Background Checks

While
companies are entitled to perform background checks on employees before hiring
them, there are some limitations. Some
companies include credit checks on individuals with the typical background
check. When this happens, employers
should notify those individuals and request their permission to perform a
credit check. If a credit check is done
without the individual’s permission – in some places, it is a crime.

The
Federal Bankruptcy act also makes it illegal for a potential employer to base
the hiring decision on a bankruptcy in a person’s past – along with the debts
he or she had before filing bankruptcy.
Many times, an employer must give a report of what a financial
background check includes (without viewing it first) in order for the potential
employee to dispute any false claims or address other negative information
before the potential employer views it.

Along
with credit checks during the hiring process, some companies or owners do
criminal background checks. This
encloses information about past arrests, convictions and jail time. In some states, it’s illegal for a potential
employer to base the hiring decision on arrests which never ended in
conviction. However, those potential
employers are able to restrict their hiring to individuals who have never been
convicted of a crime.

Interviews

Most
potential employers conduct interviews with their potential ‘new hires’ in
order to get to know the individual and determine whether they are the right
person for the job or not. While most
employers will ask questions (even questions that are difficult to answer),
there are certain topics which should not be broached because of discrimination
laws. By asking certain questions, a
potential employer may be asking for a discrimination lawsuit. Just a few of these questions are but not
limited to:

Questions about the applicant’s religious preference.

Questions about the applicant’s sexual orientation.

Questions about the applicant’s race.

Questions about the applicant’s age unless the employer is asking
if the individual is over the age of 18.

Questions about the applicant’s marital status or whether or not
the applicant has or plans to have children.

If
a potential employer asks questions about these or other topics governed by
discrimination laws, the applicant may have the right to pursue a discrimination
case. This is especially true if the
employer chose not to hire the applicant.
An applicant being asked questions like this is in no way required to
answer them.

Although laws vary according to state, most
states protect individuals during the hiring process. Potential employers and applicants alike
should learn about their state and local laws to ensure that they are being
treated fairly. If you feel your rights may have been infringed upon, consult with an attorney to discuss your options.